خلاصة:
Some legal practices, despite the creation in the world of credit and their identification by the Shari'a and the law, do not have the present effect and until the provisions and the necessary components of their complement are annexed, they are lacking a legal effects. These actions are considered to be correct for competency. Although, they have potential for full legal action. All the irrevocable and revocable contracts and financial unilateral acts, can be recognized as correct competency and with similar concepts, "the theory of contract management" and "relative nullity" has shared points in foreign law, but it also has differences. Volition, capacity and consent are the fundamental requirements of competency as legal action. The effects of competency is different in contracts which have "Mora'a" and "Moqouf" invalidity. Incompleteness of contract may lead to the revocation or termination of the contract or, in rare cases, to be ineffective. Competency in condition contrary to the requirement of contract, assuming relinquishing this condition, leads to survival of the contract, In terms of recognizing a desirable element and main goal of the contract, which has the ability to survive without the condition. Assurance of the titles also is effected by competency based on the jurisprudential theory, but in civil cod it should be distinguished; knowing as effect of competency wherever is considered as result of a void contract and effect of authenticity in articles that is considered as result of a proper contract. In unauthorized financial unilateral acts,
ملخص الجهاز:
Rules and Effects of Conditional Validity in Legal Acts Abbas Karimi* Date of Receipt: 2020/06/01 Mahmoud Zamani** Date of Acceptance: 2020/09/26 Abstract Some legal acts, despite being created in the realm of اعتبار (credit/validity) and being recognized by Sharia and law, do not possess actual effects and, until the necessary complementary conditions and components are attached, they lack the required legal consequences.
Generally, the cause or complementary component for actual validity in legal acts (contract or unilateral act) is the element of consent of the transaction party (unauthorized transaction, duress), possession (mortgage contract, sale by future delivery, and simple sale), or the permission of a third party (endowment to the detriment of creditors, marriage to the niece or the wife's sister, the mortgagor's transaction regarding the mortgaged property, transactions of a bankrupt person, and transactions intended to evade debt).
Despite this, the cessation of conditional validity is not always subject to the will that created such an act; in unauthorized transactions (fuduli) that are subject to non-effectiveness, whenever the entitled party does not execute the transaction, the life of conditional validity ends, and if there is a delay in rejection or permission that involves harm to the principal (Article 252 of the Civil Code), or if the principal has the right of option (khiyar), or if the contract is revocable, the will of the principal is effective (Jafari Langroudi, 1379, p.
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